Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Effective tripartite consultations. The Committee noted the Government’s first report on the application of the Convention, received in June 2004. It notes that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards will be set up. It also notes that, since the procedures are in the process of being established, there have not been any consultations on the matters set out in Article 5, paragraph 1, of the Convention. The Committee draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultations on all aspects covered by Article 5. The nature and form of the procedures shall be determined in each country in accordance with national practice, after consultation with the representative organizations, where such procedures have not yet been established. The Committee expresses the hope that the Government will be in a position to provide information in its next report on the operation of procedures established in accordance with Article 2 and on the content of consultations which have occurred during the period covered by the next report with regard to each of the matters set out in Article 5, paragraph 1, stating their frequency and the nature of any reports or recommendations resulting from these consultations. It also hopes that the Government will be in a position to supply information on the administrative support for the procedures provided for in the Convention (Article 4, paragraph 1) and on any consultations with representative organizations concerning the working of the procedures (Article 6).

2. The Committee recalls that the World Confederation of Labour and the Trade Union Confederation of the Congo referred, in comments sent to the Government in September and October 2003, not only to the efforts made by the Government to implement the Convention but also to the non-application of certain decisions adopted by the National Labour Council in January 2002. Please provide detailed information on the consultations held in the National Labour Council on the matters covered by the Convention.

3. Free choice of representatives (Article 3, paragraph 1). In the observations received in June 2004, the Trade Union Confederation of the Congo states that the Government, by means of Ministerial Order No. 12/CAB.MIN/ TPS/kf/0111/03, unilaterally raised (from seven to 12) the number of the most representative trade unions for sitting on the National Labour Council. The Committee recalls that the employers’ and workers’ representatives must be freely chosen by their representative organizations. The principle of free choice is respected if the organizations themselves appoint their representatives directly. In cases where these representatives are formally appointed by the Government, the latter is bound to appoint the persons proposed by the representative organizations (paragraph 44 of the 2000 General Survey). It invites the Government to describe in its next report the way in which the employers’ and workers’ representatives are chosen for the purposes of the Convention.